A10_0-RFP12970223R0014-R5CERCLAIDIQv07132023.pdf

Solicitation Number: 12970223R0014 Region 5 CERCLA Environmental Response IDIQ Page 1 of 94 Special Projects Operation Center –Southwest Region Contractor(s) TBD

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued on 13 July 2023 as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

(iv) This procurement is a total small business set-aside. The NAICS code is 562910

Environmental Remediation Services, and the Small Business Size Standard is 1000 employees.

Product Service Code (PSC): F108, Environmental Systems Protection – Environmental RE

(v) Schedule of Items/Price Schedule. See Excel Document and Attachments in Section D.

Offerors shall use the Excel spreadsheet to price their response(s) to Example Activity Scenarios (Attachments D.2, D.3, and D.4) and breakout their wage rates for items/categories listed.

(vi) Description of Requirement. See Section B herein and Attachments listed in Section D.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location(s) will be defined in the Task Order(s) awarded under this IDIQ. A detailed description of the Project Locations covered by this solicitation and resulting contract(s) can be found in Section B.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.1 for the applicable addenda to the provision and for specific instructions on how to submit proposals. Offerors are instructed to read the entire solicitation document, including all attachments, prior to submitting questions and/or preparing your proposal.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.2 of this solicitation for specific evaluation criteria. Paragraph (a) outlines the addenda of the provision.

(x) Interested offerors are required to include a copy of the Representations and Certifications in response to this solicitation. All offerors must have an ACTIVE registration in SAM.gov. See Section E.1 for further instructions and requirements. If the Offeror has completed the FAR representations and can be accessed, the Offeror must complete the provision at FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services, with the submission.

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) (DEVIATION 2017-1) are included in this solicitation and will be included in the resulting contract(s). Addenda to this clause can be found in Section C.

Region 5 CERCLA Environmental Response IDIQ Page 2 of 94 Special Projects Operation Center –Southwest Region Contractor(s) TBD

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020) is included in this solicitation and will be included in the resulting contract(s). Clause can be found in Section C.

(xiii) All requirements and/or terms and conditions necessary for the performance of this work are included herein, which incorporates all sections and attachments identified in Section D of this solicitation.

(xiv) Reserved.

(xv) Phased Procurement and General Submission Due Dates. The Government intends to conduct this procurement through a phased proposal submission and phased evaluation. An anticipated schedule is as follows:

Event Date* Questions Due 08/09/2023 Proposals Due 08/11/2023 Award Notification(s) On or before

09/01/2023 *Note: For the purposes of this Request for Proposal issuance, Proposals are due no later than 1700 PST on 11 August 2023. The remaining dates are tentative and subject to change.

Offerors shall submit proposals electronically via email to Matthew Killian at matthew.killian@usda.gov. No other methods of submission will be accepted.

(xvi) For information regarding this solicitation, contact Matthew Killian at matthew.killian@usda.gov.

Questions must be submitted via email by 1500 PST on 08/09/2023, to matthew.killian@usda.gov. Questions shall be submitted in the following format:

Document/Section Page Solicitation Language Question mailto:matthew.killian@usda.gov

Region 5 CERCLA Environmental Response IDIQ Page 3 of 94

SECTION A – SCHEDULE OF ITEMS

A.1 ENVIRONMENTAL RESPONSE EXAMPLE ACTIVITY SCENARIOS

Offerors shall provide a response for each of the example Activity Scenarios described in Attachments D.2, D.3, and D.4, which are typical projects anticipated under this IDIQ. For each example scenario, describe your response including key personnel and equipment that would be typical for each scenario. Pricing for each example Activity Scenario should be included using Attachment D.5 Section A Continued – SOI – Fillable. Include labor/equipment rates and estimated level of effort for an example of how future task order price may be determined.

This solicitation contains three (3) Activity Scenarios (I, II, and III) that could be required in any of the Service Areas specified herein. Offerors will be asked to provide a response to each of the three Activity Scenarios. Each Activity should be addressed regardless of the service area that is being proposed. If the Offeror’s capabilities and proposed services differ by service area, this must clearly be identified and discussed in their proposal. Activity Scenarios can be found in Attachments D.2, D.3, and D.4.

AGAR 452.216-72 Evaluation Quantities – Indefinite Delivery Contract (FEB 1988)

Addenda to 452.216-72: The example Activity Scenarios provided are examples of the type of information that may be included in future Task Order request for services and will be used to evaluate the Contractor’s understanding of the work (through level of effort) and to determine fair and reasonable pricing for project cost(s). These sample activity scenarios are not real task orders, nor will the quoted price in the response to the activity scenarios be awarded to any contractor.

A.2 SCHEDULE OF ITEMS

Completed Schedule of Items (Attachment D.5 Section A Continued – SOI – Fillable) – Enter the appropriate rate for each labor category and equipment listed for the Base and four (4) Option Years (separated by worksheet). Due to the nature of this work, each Task Order might require a unique skill mix to accomplish the work. Therefore, Contractors should anticipate that each task order schedule will be unique to the project and may not use all the rates supplied in the parent contract on the orders.

A.3 NOTES TO SCHEDULE

A.3.1 Labor Rates:

All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental materials costs.

The Davis-Bacon Act applies to all activities that have construction elements within the meaning of the DBA and the implementing regulations of 29 CFR Part 5.

Region 5 CERCLA Environmental Response IDIQ Page 4 of 94

A.3.2 Personnel:

On-site personnel are required to have, as a minimum, OSHA compliant training. Additional qualifications will depend on the nature of the work.

Paralegals shall possess the ability to perform PRP research, such as history of mine ownership, tracking of corporate succession, etc. A paralegal may work with legal counsel depending on the complexity and extent of the research which they are performing in the PRP search.

A.3.3 Equipment:

Major equipment shall be negotiated as required for a specific task order. Customary incidental tools of the trade and equipment shall be included within hourly labor rates.

For daily drilling rig unit prices, assume that the drill rig is onsite (no move-in or move-out costs) and do not include well construction materials. Just include the cost of the drill rig itself and the operator(s).

Prices for items not included in the Schedule of Items but required for a particular project will be negotiated with each task order pricing proposal.

A.3.4 Travel/Per Diem:

Reimbursement for travel and per diem costs shall be IAW FAR 31.205-46 and limited to rates established in the Federal Travel Regulations for localities where work is performed, and all costs shall be included in the task order pricing proposal.

A.3.5 Materials:

Materials (other than incidentals) shall be negotiated as required for a specific task order and shall be included in the task order pricing proposal. Any analytical services and subcontracted services shall be included in the task order pricing proposal.

Region 5 CERCLA Environmental Response IDIQ Page 5 of 94

SECTION B – STATEMENT OF WORK

B.1 INTRODUCTION

The intent of this contract is to secure the professional services of one or more Contractors to provide technical services for site environmental response activities. This includes conducting various evaluations, studies, and reports as specified in the National Contingency Plan (NCP) found in 40 CFR 300 or as required by the Resource Conservation and Recovery Act (RCRA) or other federal or state hazardous waste cleanup regulations. The Government anticipates three (3) to four (4) IDIQ awards under this contract.

B.2 SCOPE OF WORK

The Contractor may be requested to complete the following studies: Preliminary Assessment (PA), Site Inspection (SI), combined PA/SI, Risk Assessment, an Engineering Evaluation/Cost Analysis (EE/CA), a Remedial Investigation/Feasibility Study (RI/FS), or other documents required for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response actions, including CERCLA enforcement and litigation support. The Contractor may also be requested to implement the CERCLA site remedy in accordance with the NCP with approved work plans and decision documents or perform oversight of work being performed by responsible parties. Work under this contract is broken into the following Work activities/areas:

Activity I : Site Assessment/Characterization Activity II : Removal Action Support Activity III : Removal Action Implementation Activity IV : Remedial Action Support Activity V : Remedial Action Implementation Activity VI : Enforcement Support Activity VII : Other Technical Support and Assistance

It is envisioned that most of the projects in all of the activity areas will involve abandoned/inactive mine sites, dumps, landfills, etc.

Some of the products in the Activities listed may be reviewed by entities outside of the Forest Service (for example, the Environmental Protection Agency (EPA), the State). The Contractor shall prepare responses for the government to any comments generated by these reviews, provide any additional information requested, and modify the final product(s) as necessary. Depending on the complexity of a project, intermediate reviews may be required by the government.

Some of the Activities will require the Contractor to collect water, soil, sediment, wipe, and possibly air samples in the field. The Contractor shall assume financial responsibility for re-sampling if data is unusable because of identified problems with sampling techniques, handling or shipping problems, sampling requirements (such as insufficient sample material collected, inappropriate sample preservation, inappropriate sample locations, etc.) as well as, laboratory error or laboratory cross-contamination.

Region 5 CERCLA Environmental Response IDIQ Page 6 of 94 Special Projects Operation Center –Southwest Region Contractor(s) TBD

The Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented. When appropriate, this documentation would be included in work products;

otherwise, it would be available to the Government upon request.

All projects will be negotiated prior to starting work and will be on an “as-needed” individual order basis. All work shall be accomplished as a turnkey operation. That is, the Contractor will provide all appropriate labor, equipment, materials, supervision, and transportation needed to investigate, assess or classify the site, and prepare the requested documents required by the specific project delivery order.

In addition, the Contractor while working on any Activity under this contract shall consult with and provide technical data and advice to Forest Service officials and staff; attend, report, and advise at meetings and conferences with regulators and other parties; and analyze any other data pertinent to the projects when required.

B.2.1 Project Location(s)

Projects may be located anywhere throughout United States Department of Agriculture (USDA), Forest Service (FS), Pacific Southwest Region 5. Region 5 (R5) includes eighteen

(18) National Forests, located primarily in California with some small acreage along the California/Nevada Border and the California/Oregon border. Some of the work may encompass private land adjacent to these National Forest lands.

This contract may also be used to perform work for other government entities in Region 5.

Additionally, the Contractor may be offered the opportunity to perform work for the Forest Service and other government entities outside Region 5. Any work outside Region 5 or for other government agencies aside from the Forest Service is optional for and at the discretion of the Contractor. If the Contractor chooses to perform work under this contract for other government entities or outside Region 5, the Contractor must ensure that its capabilities to bid on and perform work required by this region are not adversely affected.

B.2.2 Period of Performance

The contract(s) will be awarded for one (1) base year and four (4) option years.

Each Task Order awarded under this IDIQ will have negotiated periods of performance appropriate to the Activity(ies) required.

B.3 GENERAL CONTRACT REQUIREMENTS

B.3.1 Compliance with Regulations

The Contractor shall comply with all applicable Federal, State, interstate and local laws, environmental regulations, and requirements. This includes compliance with the National Contingency Plan (NCP), the Resource Conservation and Recovery Act (RCRA), and the California Health and Safety Code; California Code of Regulations, Title 22, Division 4.5. The duty of the Contractor to comply with all current applicable laws, regulations and requirements

Region 5 CERCLA Environmental Response IDIQ Page 7 of 94 takes precedence over any other duty or task described herein. Therefore, if subsequent legislation or regulations conflict with prescribed procedures contained in this contract, said changes shall take precedence. Where changes to law, regulation or requirement necessitate a change to the contract, the parties agree to negotiate an equitable adjustment for it upon written notice from the Contractor. Unless said notice is received within 60 days of the effective date of the amendment to the statute or regulation, said regulation shall be deemed to be a no-cost change.

All work submitted and performed by the Contractor may be subject to the review and approval of EPA and/or the appropriate State regulatory agency. Therefore, it is the responsibility of the Contractor to contact the appropriate regulatory agency(s) to determine their requirements for each individual project. The government will be responsible for submitting reports to regulatory agencies unless other arrangements are approved by the Contracting Officer’s Representative (COR). It is the Contractor’s responsibility to find out from the regulatory agency(s) which guidance materials are current and applicable.

The Contractor shall, without additional expense to the Forest Service, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work. This includes ensuring project related hazardous or toxic wastes are sent to licensed, permitted, and approved disposal sites. The Forest Service will obtain, as necessary, the required temporary EPA Identification Number for site cleanup activities.

The Contractor will be required to maintain and submit evidence of liability, property damage and other insurance at or above the minimum limits established by law, and in accordance with industry standards, for the types of work being conducted.

B.3.2 Health and Safety Requirements

The Contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable Federal, state, and local laws, safety and health regulations and procedures, as well as Forest Service regulations, rules, and procedures. The Contractor shall ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling hazardous materials/waste and conducting emergency response and site cleanup activities are trained in the level of expertise required for the proper performance of the work activities.

Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe handling of the hazardous waste (at a minimum, in accordance with 29 CFR 1910.120 et seq). The Contractor shall also provide notification to the Forest Service of all hazardous materials, which may be brought onto the National Forest as part of accomplishing the tasks under this contract. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. Nothing in this section shall be construed to reduce or modify the duties and responsibilities of the Contractor toward its employees.

Region 5 CERCLA Environmental Response IDIQ Page 8 of 94

The Contractor shall take such additional immediate precautions as the Contracting Officer or designated representative may reasonably require for safety and mishap prevention purposes.

Prior to initiating field operations, all Contractor personnel shall have read and understood all Health and Safety requirements established by the Contractor. The Contractor shall insure that all personnel involved with removal operations are medically qualified, properly trained and fitted to wear personal protective equipment.

B.3.3 Project Timelines

Elapsed time between approval of a work plan or report by the Government and completion of an activity and/or issuance of a final report by the Contractor will be identified in each individual task order.

All task order performance times are on a project-specific basis, established by mutual agreement between the Government and the Contractor, depending on the urgency of the situation, weather conditions, and/or other variables impacting performance schedule. If an offeror cannot meet the schedule stated in the task order solicitation, this should be so stated in the offer, along with the reason why. In such an instance, the Contractor may provide in their offer an alternative time frame in which they can reasonably accomplish the work. During task order performance, it is the Contractor’s responsibility to issue a timely, written request to the task order Contracting Officer for a project time frame extension, immediately following the Contractor’s discovery that the established project timeline will not be met, regardless of cause.

The task order Contracting Officer will adjudicate the request and make a determination based on all relevant details of the circumstance, taking into consideration factors including but not limited to Government-caused delays due to the regulatory review and/or approval process.

All reports become the sole property of the Government and may be used in part or in their entirety, at the Government’s discretion. Only the Government can release the information provided in these reports to the public.

B.3.4 Laboratory Qualifications and Requirements

The Contractor may be required to use laboratory facilities for analysis of unknown chemicals/materials and potentially contaminated soil, groundwater, or surface water.

The analytical laboratory chosen by the Contractor to perform analysis shall be a State of California Certified Laboratory for those projects occurring within the State of California; or a State of Nevada Certified Laboratory for those projects occurring within the State of Nevada.

All laboratories utilized under this contract shall have the appropriate state certifications required to perform the required analytical method at the time the tests are conducted.

The Contractor shall assume financial responsibility for re-sampling if data is unusable because of identified problems with sampling techniques, handling, or shipping problems, sampling requirements (such as insufficient sample material collected, inappropriate sample preservation, inappropriate sample locations, etc.) as well as laboratory error or laboratory cross-contamination.

Region 5 CERCLA Environmental Response IDIQ Page 9 of 94

B.3.5 Contractor Caused Spills and Releases

The Contractor is solely responsible for all spills or leaks and subsequent clean ups that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to the Forest Service. The Forest Service’s EPA/State ID number/s cannot be used for contractor caused spills and/or releases.

The Contractor shall provide spill response materials including, but not limited to, containers, shovels, and personal protective equipment. Spill response materials shall be always available in which hazardous materials and hazardous wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

The Contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service’s Task Order Contract Officer Representative immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

a. Description of the item spilled (including identity, quantity, manifest no., etc).

b. Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

c. Exact time and location of spill including a description of the area involved.

d. Containment procedures initiated.

e. Summary of any communications contractor has with press, Federal, state, and local regulatory agencies and officials, or Forest Service officials.

Upon completion of the clean-up activities for contractor caused spills and releases, the contractor shall submit a final clean-up certification report to the Forest Service’s Task Order Contract Officer Representative. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

B.3.6 Hazardous Material and Hazardous Waste Management

B.3.6.1 Material/Waste Management on National Forest Lands

The Contractor is responsible for seeing that all materials and wastes generated during the activities of this contract are managed in compliance with Federal, state and local environmental laws and regulations. This includes ensuring that all excavated contaminated

Region 5 CERCLA Environmental Response IDIQ Page 10 of 94 soils are immediately placed into appropriate containers upon excavation and not stored directly on the ground. In those instances where contaminated soil stockpiling is necessary, soils shall be placed on a liner for containment purposes and covered and secured.

The Contractor(s) is responsible for ensuring that all containers of hazardous site characterization and remediation wastes generated under the activities of this contract are removed from National Forest lands within the applicable regulatory time frames or shorter time frames as specified by the Forest Service.

B.3.6.2 Transporters

For all hazardous wastes transported under this contract, the Contractor shall present at time of offer, all applicable state waste hauler licenses, and hauler numbers. Only experienced, licensed, transporters shall be used to haul hazardous wastes under this contract. The Contractor shall also provide and affix appropriate placards to each vehicle prior to leaving Forest Service premises and ensure that all EPA, DOT, and State transporter requirements are met.

The contractor will comply with, and ensure that all applicable subcontractors comply with, all requirements of 49 CFR 100-199, regarding waste transportation under this contract.

Compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day to provide immediate, detailed emergency information to personnel reacting to emergencies. Technical names will be included in the descriptions of materials reflected on shipping papers by "not otherwise specified" (n.o.s.)

descriptions.

B.3.6.3 Off-site Recycling and Treatment/Storage/Disposal Facilities

Under each Task Order, the Contractor shall identify each recycling and/or TSD facility, which may receive hazardous materials/substances/wastes under this contract. Each TSD facility must have, as a minimum; EPA RCRA permitted or state approval as a treatment or disposal facility and is in good standing with the regulatory community. The Contractor agrees that no facility other than those initially accepted by the Government in the Task Order award process will be used. The Forest Service on a case-by-case basis may accept additional TSD facilities.

To reduce the Region’s future liability for the wastes it generates, ALL wastes and contaminated media managed under this contract shall be sent to only those treatment/storage/disposal facilities that are in compliance with EPA’s “Off-Site Rule” (40 CFR 300.400 on the U.S. Environmental Protection Agency’s “Off-Site Rule” list. The Contractor shall provide confirmation that the proposed off-site facility is Off-Site Rule compliant prior to the initiation of any shipment.

B.3.7 Technical Direction

Region 5 CERCLA Environmental Response IDIQ Page 11 of 94

a. The site/task order Contracting Officer Representative is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance.

b. Individuals other than the site/task order Contracting Officer Representative may be authorized to provide technical direction. If individuals other than the Contracting Officer Representative are authorized to provide technical direction, their names will be specified in the contract, task order or technical direction document as appropriate.

c. The site/task order Contracting Officer Representative is authorized to provide technical direction, subject to the limitations set forth below, only on his/her Task Order.

d. Technical direction includes, but is not limited to:

• Direction to the contractor which assists the contractor in accomplishing the Statement of Work and/or Task Order.

• Comments on and approval of reports or other deliverables.

• With the approval of the Contracting Officer, requests for the Contractor to submit a revised work plan and cost proposal.

e. Technical direction must be within the scope of the contract and the Task Order. The Contracting Officer Representative or any other technical representative authorized by the Contracting Officer does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract and/or Task Order; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract and/or Task Order; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract, Task Order or technical direction document.

f. Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the Technical Direction Memorandum will be forwarded to the Contracting Officer and the Contracting Officer Representative.

B.3.8 Confidentiality of Information

Any data that is generated or obtained during contract performance shall be considered confidential and shall not be disclosed to anyone other than employees of USDA Forest Service, USDA Office of the General Counsel or to the Department of Justice without the prior written approval of the Contracting Officer. Nor shall any such data be used for any other purpose except in connection with this contract. Any data generated or obtained during contract performance shall be delivered to the Government at the request of the Contracting Officer.

The Contractor recognizes that Contractor employees in performing this contract may have access to data, either provided by the Government or first generated during contract performance, of a sensitive nature which should not be released to the public without USDA Forest Service approval. Therefore, the Contractor agrees to ensure that its employees working on requirements under this contract adhere to confidentiality requirements.

Region 5 CERCLA Environmental Response IDIQ Page 12 of 94

If a Contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Contractor must provide immediate advance notification to the USDA Forest Service so that the USDA Forest Service can authorize such disclosure or have the opportunity to take action to prevent such disclosure.

The USDA Forest Service may terminate this contract, or a task order issued under this contract for convenience, in whole or in part, if it deems such termination necessary to prevent the unauthorized disclosure of information to outside entities. If such a disclosure occurs without the written permission of the USDA Forest Service Contracting Officer, the Government may terminate the contract, for default or convenience, or pursue other remedies as may be permitted by law or this contract.

B.3.9 Treatment of Confidential Business Information

The Contracting Officer, after a written determination by the appropriate program office, may disclose confidential business information (CBI) to the Contractor necessary to carry out the work required under this contract. The Contractor agrees to use the CBI only under the following conditions:

a. The Contractor and Contractor's employees shall: i) use the CBI only for the purposes of carrying out the work required by the contract; ii) not disclose the information to anyone other than properly cleared USDA employees without the prior written approval of the Contract Officer; and iii) return to the Contracting Officer all copies of the information, and any abstracts or excerpts there from, upon request by the Contracting Officer, whenever the information is no longer required by the Contractor for the performance of the work required by the contract, or upon completion of the contract.

b. The Contractor shall obtain a written agreement to honor the above limitations from each of the Contractor's employees who will have access to the information before the employee is allowed access.

c. The Contractor agrees that these contract conditions concerning the use and disclosure of CBI are included for the benefit of, and shall be enforceable by, both USDA Forest Service and any affected businesses having a proprietary interest in the information.

d. The Contractor shall not use any CBI supplied by USDA Forest Service or obtained during performance hereunder to compete with any business to which the CBI relates.

The Contractor agrees to obtain the written consent of the CO, after a written determination by the appropriate program office, prior to entering into any subcontract that will involve the disclosure of CBI by the Contractor to the subcontractor. The Contractor agrees to include this clause, including this paragraph (ii), in all subcontracts awarded pursuant to this contract that require the furnishing of CBI to the subcontractor.

B.3.10 Authority to Take Direction

The contractor agrees to make whatever arrangements are necessary to ensure that there is

Region 5 CERCLA Environmental Response IDIQ Page 13 of 94 someone on-scene at all times with the authority to take technical direction from the Forest Service On-Scene Coordinator, Remedial Project Management or Project Coordinator and to manage the activities being performed. If work is being performed solely by Team Subcontractor personnel and there is no on-scene presence of a representative from the prime contractor's firm, the contractor agrees to provide such subcontractor(s) with the authority to take direction as its agent and to make decisions on behalf of the contractor.

B.3.11 Conflict of Interest Certification

The Contractor shall provide the contracting officer a conflict-of-interest certification within twenty (20) calendar days of the award of work under this contract via a TO. Where TO’s are issued for work on or directly related to a site, the contractor is only required to provide a conflict-of-interest certification for the first TO issue for that site. For all subsequent work on that site, the Contractor has a continued obligation to search and report any actual or potential conflicts of interest, but no additional conflict of interest certifications are required.

In the certification the Contractor must certify, to the best of the Contractor’s knowledge and belief, all actual or potential organizational conflicts of interest have been reported to the Contracting Officer or that, to the best of the Contractor’s knowledge and belief, no actual or potential organizational conflicts of interest exist. In addition, the Contractor must certify that its personnel who perform work under this TO or relating to this TO, have been informed of their obligation to report personal and organizational conflicts of interest to the Contractor.

The certification shall also include a statement that the Contractor recognizes its continuing obligation to identify and report any actual or potential conflicts of interest arising during performance of this TO or other work relating to this site.

B.3.12 Quality Assurance and Quality Control

The Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented for each task order and must be available to the Government upon request.

B.3.13 Wage Determination

The applicable wage determination(s) will be incorporated in accordance with each Task Order as appropriate by the Activity the Task Order statement of work involves.

B3.14 Sustainable Products / Bio-Based Program The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

Region 5 CERCLA Environmental Response IDIQ Page 14 of 94

B.3.14.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

- Competitively within a time frame providing for compliance with the contract performance schedule;

- Meeting contract performance requirements; or

- At a reasonable price.

- Information about this requirement and these products is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

B.3.14.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/

B.4 ENVIRONMENTAL RESPONSE SERVICES ACTIVITIES

The following specifications outline work as currently proposed in each of the environmental services/technical support Activity areas. However, the Government reserves the right to modify specific project activities based on new statutes or regulations, changed conditions or standards, the advice of the involved Contractor, or other circumstances as may be indicated.

The contractor shall avoid duplication of prior efforts in gathering and assimilating site information and recommend opportunities for early actions in order to reduce site risks as quickly as possible. The contractor shall utilize the most applicable and current regulations and guidance documents when conducting work. The contractor shall continually look for and implement ways to streamline activities and minimize costs without compromising quality. The contractor shall assign work to personnel at the appropriate professional and/or technical levels and with the appropriate skills to perform tasks most efficiently.

B.4.1 Activity I: Site Assessment & Characterization

Task 1. Preliminary Assessment Task 2. Site Inspection Task 3. Combined Preliminary Assessment/Site Inspection Task 4. Removal Site Assessment

B.4.1.1 Task 1: Preliminary Assessment (PA)

The Contractor shall furnish personnel, services, materials, and equipment to support/conduct CERCLA Preliminary Assessment activities. The Contractor shall conduct all preliminary assessments in accordance with "Guidance for Performing Preliminary Assessments under CERCLA," September 1991, EPA 9345.0- 01A, or latest revision. In the performance of this https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/

Region 5 CERCLA Environmental Response IDIQ Page 15 of 94 task, the Contractor shall use existing data to the maximum extent practicable. Work activities under this task include, but are not limited to:

a. Prepare project work plan

b. Initiate and document a file search which may include:

• Regulatory program files (e.g., Federal, State, County, etc.)

• Site history and industrial processes (substances used at the site, past releases

(substances, locations, and impacts))

• Latitude and longitude

• Topographic maps

c. If the Forest Service determines limited PA sampling necessary, prepare a Field Sampling Plan (FSP) that describes the number, type, and location of samples and type of analyses. The Contractor shall maximize the use of field characterization technologies such as field-portable x-ray fluorescence equipment.

d. If sampling is required, prepare a Quality Assurance Project Plan (QAPP). The quality assurance/quality control procedures shall meet or exceed those specified in EPA guidance, including, but not limited to: “EPA Guidance for Quality Assurance Project Plans”, QA/G-5, December 2002 (or latest revisions).

e. Prepare a site-specific Health and Safety Plan (HSP).

f. If sampling is required, collect the following data elements in addition to environmental sampling data:

• Current human exposure identification

• Source identification including locations, sizes and volumes

• Information on hazardous substances, which are present (labels on drums and/or containers, evidence of releases, etc.)

• Location of wells on-site and within 4 miles of the site

• Surface water channels or pathways (include location of site or sources relative to surface water sources and pathways)

• Nearby land uses

• Distance measurements or estimates for wells, land uses, surface water and

Region 5 CERCLA Environmental Response IDIQ Page 16 of 94 wetlands

• Documentation of public visitation to the site (evidence of public visitation, ease of public access, etc.)

• Blowing and/or eroding soils and air contaminants (include evidence of off-site migration of the potential for off-site migration to nearby receptors)

• Photo-documentation of site conditions. Include photo log and site map identifying the location photo was taken and the direction of view

• Site sketches and maps

• Pathway analysis

• Sensitive environments/species determination

• The following are key sampling and data collection requirements for abandoned mine sites that must be addressed:

Waste Rock/Tailings piles:

o total metals o total metals in the respirable fraction o acid/base accounting analysis (ABA) o California WET test for leaching potential and mine waste classification (selection of citrus or deionized WET analysis dependent on results of ABA test)

Surface water; total and dissolved metals

• All sampling locations shall be logged by GPS and geo-located. Figures and maps delineating areas of contamination shall be prepared in a GIS format so that boundaries may be placed on land status maps as appropriate.

g. Prepare preliminary PA Score for the site

h. Prepare draft and final PA report

B.4.1.2 Task 2: Site Inspection (SI)

The Contractor shall furnish personnel, services, materials, and equipment to support/conduct CERCLA Site Inspection activities at sites previously investigated under Task 1 of this

Region 5 CERCLA Environmental Response IDIQ Page 17 of 94 activity or at any site identified by the Forest Service. This work area includes Screening Site Inspections and Expanded Site Inspections. All Site Inspections shall be performed in accordance with "Guidance for Performing Site Inspections under CERCLA; Interim Final," September 1992, EPA 9345.1-05, or latest revision.

In the performance of this task, the Contractor shall use existing data to the maximum extent practicable. Note, that the focus of the investigation is not to collect data for the generation of a HRS score, but to document releases and human health and environmental receptors and exposure. For remote sites such as abandoned mine lands HRS scoring is not completely applicable. Work activities under this task include, but are not limited to:

a. Prepare site-specific work plan

b. Prepare a site-specific Health and Safety Plan (HSP)

c. Prepare a Field Sampling Plan (FSP). The Contractor shall maximize the use of field characterization technologies such as field-portable x-ray fluorescence equipment. The FSP needs to focus on the collection of the following:

• Background samples

• Environmental samples (soil, sediment, water, and air if directed)

• The following are key sampling and data collection requirements for abandoned mine sites that must be addressed:

o total metals o total metals in the respirable fraction o acid/base accounting analysis (ABA) o California WET test for leaching potential and mine waste classification (selection of citrus or deionized WET analysis dependent on results of ABA test)

• As directed, full screening organic and inorganic analyses

• Documentation including targets and receptors

• Documentation of hazardous substance releases

Region 5 CERCLA Environmental Response IDIQ Page 18 of 94

• Sampling from containers

• Physical characteristics of wastes

• Treatability and other engineering concerns

• Goal of characterizing site (e.g., defining extent of contamination)

• All sampling locations shall be logged by GPS and geo-located. Figures and maps delineating areas of contamination shall be prepared in a GIS format so that boundaries may be placed on land status maps as appropriate.

d. Prepare a Quality Assurance Project Plan (QAPP). The quality assurance/quality control procedures shall meet or exceed those specified in EPA guidance, including, but not limited to: “EPA Guidance for Quality Assurance Project Plans”, QA/G-5, December 2002, EPA/240/R-02/009 (or latest revisions).

e. Perform a site visit which includes, as a minimum, the collection of the following data elements in addition to environmental sampling data:

• Current human exposure identification

• Surface water channels or pathways (include location of site or sources relative to surface water sources and pathways) migration of the potential for off-site migration to nearby receptors)

Region 5 CERCLA Environmental Response IDIQ Page 19 of 94

• Site sketches and maps

f. Validate and analyze site sampling data

g. Perform comparison of site characterization data to appropriate human health and ecological screening benchmarks which are relative to site exposure scenarios and pathways

h. Dispose of Investigation Derived Wastes

i. If directed by the Forest Service, conduct a screening level SI (see section 2.1 of

Guidance for Performing Site Inspection Under CERCLA, EPA 9345.1-05, September 1992.)

j. Prepare preliminary HRS Score for the site

k. Prepare draft and final SI report

B.4.1.3 Task 3: Combined Preliminary Assessment/Site Inspection (PA/SI)

The Contractor shall furnish personnel, services, materials, and equipment required to support/conduct combined PA/SI assessment activities. The combined PA/SI assessment integrates activities typically performed during the PA information gathering, site reconnaissance) with activities typically performed during the SI (review of data, development of field work plans, field sampling, filling data gaps) to achieve one continuous site investigation. Activities performed pursuant to this requirement shall be consistent with the NCP and EPA 9375.2-10FS, “Improving Site Assessment: Combined PA/SI Assessments”, October 1999 (or latest revision).

In the performance of this task, the Contractor shall use existing data to the maximum extent practicable. Note, that the focus of the investigation is not to collect data for the generation of a HRS score, but to document releases and human health and environmental receptors and exposure. For remote sites such as abandoned mine lands HRS scoring is not completely applicable. Work activities under this task include, but are not limited to:

a. Prepare site-specific work plan

b. Prepare a site-specific Health and Safety Plan (HSP)

c. Prepare a Field Sampling Plan (FSP) in accordance with current EPA guidance and the criteria listed in Activity I-Task 2

Region 5 CERCLA Environmental Response IDIQ Page 20 of 94

d. Prepare a Quality Assurance Project Plan (QAPP) in accordance with current EPA guidance and the criteria listed in Activity I-Task 1

e. Collect any additional information needed to complete a Preliminary Assessment that was not part of the initial file search or site visit. The Contractor shall conduct the preliminary assessment component of this task in accordance with Activity I-Task 2

f. If directed by the Forest Service, conduct a screening level SI (see section 2.1 of Guidance for Performing Site Inspection Under CERCLA, EPA 9345.1-05, September 1992.)

g. Perform a site visit which includes, as a minimum, the collection of the following data

• Current human exposure identification (option - determine the presence of multiple sources of risk and cumulative risk associated with the site and nearby sites)

• Runoff channels or pathways (include location of site or sources relative to surface water sources and pathways) wetlands.

migration)

• Site maps and sketches

Region 5 CERCLA Environmental Response IDIQ Page 21 of 94

h. Provide a sampling report, which includes a description of the analytical data quality procedures utilized. All sampling locations shall be logged by GPS and geo-located.

Figures and maps delineating areas of contamination shall be prepared in a GIS format so that boundaries may be placed on land status maps as appropriate.

i. Perform comparison of site characterization data to appropriate human health and pathways.

j. If requested, complete the HRS screening process using PREScore (if not already done as part of previous site evaluation) and report the draft score to the Forest Service.

k. Prepare draft and final PA/SI report

B.4.1.4 Task 4: Removal Assessment (RA)

The Contractor shall furnish personnel, services, materials, and equipment required to support/conduct removal assessment activities in accordance with EPA OSWER Directive 9360.3-08, “Superfund Removal Procedures/The Removal Response Decision: Site Discovery to Response Decision” dated September 1994 (or latest revision), and the NCP.

The removal assessment focuses on determining the potential immediate threat a site may pose on human health and the environment. The results of this assessment are used by the Forest Service to determine whether a removal action or some other response is warranted.

The objectives of a removal site evaluation are to collect, evaluate, and document information to: i) confirm whether a release of a hazardous substance has occurred or if the threat of a release exists, ii) identify potential constituents of concern, iii) identify potential targets that may be impacted by the site and the pathways by which they may be impacted, and iv) identify the need for removal actions.